JEFFERSON COUNTY, NEW YORK

WILLS

ASA BARNES' ESTATE

Leray, Jefferson Co., NY

Per request of my SAMPUBCO customer, Donna Barnes this will is to add to Jefferson Co. NY site. Please acknowlege her as submitter
Will book 1, pg 369 - 379 ( pages 374 thru 379 are numbered as 174, etc).
Asa Barnes' Estate

Order
State of New York, County of Jefferson
At a Surrogate Court held in and for the county of Jefferson at the office of the Surrogate in Watertown in said county on the 19th day of February 1851.
Present Lysander H. Brown, Surrogate
In the matter of proving the will of real and personal estate of Asa Barnes,
deceased.
Be it remembered that Gerrit S. Barnes of the town of LeRay in said County
came before the said surrogate and made and filed his petition on oath on the
27th day of December 1850 stating and thereby the said surrogate was satisfied
that Asa Barnes late an inhabitant of the said town of LeRay in said County
and owning real and personal property had died after having made and published
his last will and testament disposing of said estate and had therein named the
said Gerrit S. Barnes as one of the executors thereof. That the said Asa
Barnes left him surviving at the time of his death the following named heirs
at law and next of kin and none others to wit:
Russell Barnes and his wife Susan M. Barnes and Candace Parker wife of Daniel
Parker of Alexandria in said county, Elvia Taylor wife of Clinton G. Taylor of
Preemption Illinois, Pamelia Giles wife of Thomas Giles of Babcock Grove
Dupage County, Illinois, Randall Barnes and his wife Mary Ann Barnes, Gerrit
S. Barnes and his wife Maria E. Barnes of LeRay in Jefferson County, New York
State Maria Elmore wife of John Elmore of Theresa in said County of Jefferson,
Henry Kelsey and Rhoda Wittiston of the State of Illinois William Kelsey a
sailor whose place of residence cannot be ascertained after diligent inquirey
and Rhoda Barnes of the aforesaid town of LeRay and Pamelia Barnes of the town
of Fowler? in the county of St. Lawrence and State of New York all of full age
and Rosana Kelsey of the town of Alexandria in said County of Jefferson
William Kelsey of LeRay aforesaid Antonette Kelsey of Theresa aforeasid and
Maria Kelsey of Fowler? aforesaid and Thereas A Barnes of Watertown in said
County of Jefferson minors under twenty one years of age having no general
guardian.
And by said petition that prayed that a citation might issue out of
and under the seal of this court directed to the proper persons requiring them
and each of them at such time and place as should be in said citation
mentioned to appear and attend the probate of the said last will and testament
and that such farther or other proceedings might be had in the premises as
would be requisite to the proving and recording of the said last will and
testament and granting probate and letters testamentary thereof. Therefore
the said surrogate being satisfied of the truth of the matters stated and set
forth in said petition on reading and filing the consent in writing of Luther
J. Dorwin to be appointed special guardian for the said minors in the premises
did appoint the said Luther J. Dorwin such special guardian for the sole
purpose of appearing for and taking care of the interests of the said minors
in the matter of proving the last will and testament and did also issue a
citation under his hand and official seal directed to the persons above named
and to Luther J. Dorwin as special guardian as aforesaid stating places of
residence respectively and that Gerrit L. Barnes one of the executors named in
said will had applied to said surrogate to have said will proved as a will of
real and personal estate and requiring them to be and appear personally before
the said surrogate at his office in the village of Watertown in said County of
Jefferson on the nineteenth day of February in the year eighteen hundred and
fifty-one at ten o'clock in the forenoon then and there to attend the probate
of the said last will and testament the said citation bearing date the twenty
seventh day of December in the year eighteen hundred and fifty. Thereupon the
process was continued until the return day thereof when the parties appeared
in court before said surrogate at his said office and it was satisfactorily
proved to said surrogate by affidavits then filed that said citation had been
duly served on all said parties either by personal service or by publication
in the Albany Argus, the State paper according to law and no one offering any
objections to the probate of said will the said surrogate thereupon proceeded
to hear the proofs and allegations of the parties in the premises. The said
will having been produced and Oliver Douglas and Joseph Boyer the only
subscribing witnesses to said will having been duly sworn testified as such
witnesses and their testimony after having reduced to writing was carefully
read over to them and subscribed by them respectively and the same was
recorded as follows in this Book. Whereupon the said surrogate being
satisfied by said proofs and examinations that at the time of making said will
the said Asa Barnes was of sound and disposing mind memory and understanding
of full age and not under any restraint and competent to make a will that said
will was duly made and published as a will of real and personal property doth
order adjudge and decree that the said will be and the same is hereby proved
approved established and confirmed as a good and valid will of real and
personal estate and that the same be recorded and the same with the proofs
thereof taken and certificate thereon endorsed is recorded on the day and year
first in this order mentioned in the office of the said surrogate in the book
kept for that purpose which record follows immediately in this book and it is
also ordered that Letters Testamentary issue to Randall Barnes and Gerrit S.
Barnes the executors named in said will they having first taken the oath
prescribed by law.
Recorded Feb. 19, 1851
Lysander H. Brown, Surrogate
Witness Lysander H. Brown Surrogate of said
County the day and year first in this order written.
Lysander H. Brown Surrogate

Asa Barnes' Estate
Will

In the name of God Amen. I Asa Barnes of the town of LeRay in the County of
Jefferson and state of New York of the age of sixty seven years being of sound
and disposing mind memory and understanding do hereby make publish and declare
this to be my last will and testament in the manner and form following, to
wit:
First I will and direct that my executors hereinafter named pay all my just
debts and funeral charges as soon after my decease as conveniently may be.
Second I give and bequeath to my son Russel Barns one cow the sum of five
hundred dollars having been paid to him by me in full of his position in my
real and personal estate.
Third I give and bequeath to my daughter Elvia wife of Clinton G. Taylor the
sum of ninety dollars to be raised out of my personal estate.
Fourth I give and bequeath to my daughter Candace wife of Daniel Parker the
sum of fifty dollars to be raised out of my personal estate.
Fifth I give and bequeath to my daughter Pamelia wife of Thomas Giles the sum
of fifty dollars to be raised out of my personal estate.
Sixth I give and bequeath to my daugher Theresa one bedstead one bed and
bedding one set of chairs and one hundred and fifty dollars in cash to be
raised out of my personal estate.
Seventh I give devise and bequeath to my daughter in law Susan M. Barnes wife
of my son Russel Barnes and to her heirs or assigns forever a certain dwelling
house and lot of land situate in the village of Theresa county and state
aforesaid containing one quarter of an acre being the same premises which were
conveyed to me by Samuel Stocking and his wife of the city of Utica and Norris
M. Woodruff and his wife of the village of Watertown and for a more particular
description of said premises reference to said conveyance may be had.
Eighth I give devise and bequeath to my daughter in law Mary Ann Barns wife
of my son Randall Barnes her heirs or assigns forever all that certain piece
of land situate in the town of LeRay in the county and state aforesaid
containing seventy six acres two rood and one perch of land being the same
premises which were conveyed to me by William Taggart and Ann his wife by deed
bearing date the 25th day of March 1833 which deed is recorded in the office
of the clerk of Jefferson County in Liber No. 2 of deeds page 530 and on the
24th day of December 1833 at two o'clock p.m.
Ninth I give devise and bequeath to my said daughter in law Mary Ann Barns
her heirs or assigns all that certain piece of land situate in the said town
of LeRay in the county and state aforesaid and containing fifty acres and
97/100 it being the same premises which were conveyed to me by Henry B.
Hastings and his wife and the same lately owned and occupied by said Hastings.
Tenth I also give and bequeath to my said daughter in law Mary Ann Barns her
heirs and assigns (after payment of my debts legacies and funeral charges)
what may remain of all my stock of cattle horses sheep hogs and other domestic
animals wagons carriages harnesses and all farming utensils and dairy tools of
every description and which shall be on my farm on which I shall own at the
time of my demise.
Eleventh I give devise and bequeath to my said daughter in law Mary Ann Barns
wife of my son Randall Barns her heirs or assigns all that certain piece of
land situate in the said town of LeRay county and state aforesaid estimated to
contain fifty eight acres two roods and seven perches it being the same land
which was conveyed to me by Moss Kent by deed bearing date the 21st day of
July 1835 and which deed was recorded in the office of the clerk of the county
of Jefferson on the 14th day of November 1836 at 9 o'clock a.m. in Liber x 2
of deeds page 253 but this gift devise and bequeath is made by me under the
express condition that my said daughter in law Mary Ann Barns shall within
eight years from the date of this will pay or cause to be paid unto my
daughter in law Maria Barns wife of my son Gerrit S. Barns or to her legal
representatives the sum of one thousand dollars and to secure the payment
thereof I make the same chargeable upon the said fifty eight acres two roods
and seven perches of land and it is my will and order that in case of the non
payment or absolute refusal to pay the said sum of one thousand at the time
above that in that case this devise shall be null and void and on that event
happening then I hearby give devise and bequeath the said land (in this
article mentioned) to my daugher in law Maria Barns wife of my son Gerrit S.
Barns her heirs or assigns forever.
Twelfth I give devise and bequeath to my daughter Maria Barns wife of my son
Gerrit S. Barns her heirs or assigns all that certain peice of land situate in
the town of LeRay county and state aforesaid being part of lot No 323 of Great
lot No 4 of Macombs purchase and containing eleven acres and 65/100 it being
the same land which was conveyed to me by William Phelps and Elvia his wife by
deed bearing date the 17th day of June 1833
Thirteenth I give and bequeath to my daughter in law Maria Barnes wife of my
son Gerrit Barns two good cows one bedstead bed and bedding for the same.
Fourteenth I give and devise to my wife Rhoda for her support and
maintainance until her decease or marriage whichever event shall first happen
one third of all my real and personal estate subject to the legacies made by
me in this will. I also devise to my said wife Rhoda during her natural life
or marriage as aforesaid the use and possession of one third of the dwelling
house and out houses on the farm where I now reside together with the
privileges and appurtenances thereunto belonging.
Fifteenth I give and bequeath to my wife Rhoda all my household goods and
furniture which shall remain in my dwelling house on the farm where I reside
at the time of my demise subject to the several legacies made by me in this
will.
Sixteenth I do will and declare that the devises and bequests herein before
made to my wife Rhoda and by me meant and intended to be in lieu for and
satisfaction of all and every claim and demand of dower and thirds which she
could or by law might have at the time of my decease or in or to my estate and
effects real or personal or any part thereof.
Seventeenth I will and direct that all the meat flour and provisions of every
kind which shall be and remain in my dwelling house at the time of my decease
for the use of my wife and family and that the same shall not be inventoried
by my executors or any account taken thereof in the settllement of my estate.
Eighteenth I do hereby nominate and appoint my two sons Randall Barns and
Gerrit S. Barns executors of this my last will and testament and hereby
expressly revoke all and every former will by me made. In witness whereof I
have hereunto set my hand and seal the thirty first day of January in the year
of our Lord one thousand eight hundred and forty-nine. (L. S.)
Asa Barns
Subscribed sealed and declared by the testator Asa Barns to be his last will
and testament in the presence of us who at his request and in his presence and
in the presence of each other have subscribed our names as witnesses.
Oliver Douglas of the town of LeRay Jeff. County N.Y.
Joseph Boyer of the town of LeRay Jeff. County N.Y.
Certificate
State of New York
County of Jefferson Surrogate Court: Before Lysander H. Brown, Surrogate
I Lysander H. Brown Surrogate of the County of Jefferson do certify upon
proofs and examinations taken before me at my office in Watertown in said
County on the 19th day of February in the year 1851 by the oaths of Oliver
Douglas and Joseph Boyer the subscribing witnesses to the foregoing will.
That said will was duly executed that the testator at the time of executing
the same was in all respects competent to devise real estate and to bequeath
personal property of sound and disposing mind memory and understanding of full
age and not under any restraint and that said will has been duly proved
approved established and confirmed as a good and valid will of real and
personal estate. And I further certify that said will with the proofs thereof
taken and the certificates therein endorsed are recorded in the office of said
surrogate in the book kept for recording wills testaments and codicils. In
witness whereof I have hereunto affixed my seal (L. S.) and subscribed my
name this 19th day of February in the year 1851.
Lysander H. Brown Surrogate
Will and Certificate recorded Feb. 19, 1851
Lysander H. Brown, Surrogate
Testimony
State of New York
Jefferson County Surrogate Court Before Lysander H. Brown Surrogate in the
matter of proving the will of the real and personal estate of Asa Barnes
deceased.
County of Jefferson
Joseph Boyer of the town of LeRay in said county being first duly sworn
deposeth and saith that on the thirty first day of January 1849 at LeRay
aforesaid he saw Asa Barnes deceased subscribe the instrument now shown to
this deponent and which purports to be the last will and testament of Asa
Barnes late of the town of LeRay in said county deceased bearing date the 31
st day of January in the year of our Lord one thousand eight hundred and forty
nine. That on the day of the date aforesaid and at the time of signing the
same he heard the said Asa Barnes declare the same to be his last will and
testament and that he this deponent and Oliver Douglas the other subscribing
witness did then subscribe their names hereto as witnesses at the request and
in the presence of the said Asa Barnes and of each other. That at the time
thereof the said Asa Barnes was of sound and disposing mind memory and
understanding of full age and not under any restraint and competent to make a
will.
Joseph Boyer
Sworn and subscribed before me Feb. 19th 1851
Lysander H. Brown Surrogate.
State of New York
Jefferson County Surrogate Court Before Lysander H. Brown Surrogate in the
matter of proving the will of the real and personal estate of Asa Barnes
deceased.
County of Jefferson
Oliver Douglas of the town of Leray in said county being first duly sworn
deposeth and saith that on the thirty first day of January 1849 at LeRay
aforesaid he saw Asa Barnes deceased subscribe the instrument now shown to
this deponent and which purports to be the last will and testament of Asa
Barnes late of the town of LeRay in said county deceased bearing date the 31
st day of January in the year of our Lord one thousand eight hundred and forty
nine. That on the day of the date aforesaid and at the time of signing the
same he heard the said Asa Barnes declare the same to be his last will and
testament and that he this deponent and Joseph Boyer the other subscribing
witness did then subscribe their names thereto as witnesses at the request and
in the presence of the said Asa Barnes and of each other. That at the time
thereof the said Asa Barnes was of sound and disposing mind memory and
understanding of full age and not under any restraint and competent to make a
will.
Oliver Douglas
Sworn and subscribed before me Feb 19th 1851
Lysander H. Brown Surrogate
Please note: The name Barnes is seen as both Barns and Barnes